[kictanet] Off topic: COFEK

Wed Feb 20 18:47:44 EAT 2013

This is actually a hilarious exchange if you ask me.

It is akin to what vint cerf was talking about a few months ago about
freedom to information vs access to internet. Tying rights and procedures
to particular technologies will see you rewrite your laws every few years.
I am also curious Mutoro as to the legal and operational consideration
behind requiring a physical printing of a new law. Are there ministries
that do not have computers and internet?

On Wed, Feb 20, 2013 at 12:36 PM, <eonchari at lynxbits.com> wrote:

> ** Infact, that is the very same reason (land commission) I had possed
> the question. It beats common sense to just leave it to the discretion of
> the executive as they are inclined to abuse it - as has the president on
> the land commission issue. Is this leeway not time bound? Can the president
> legally ignore this for as long as he feels like it?
>
>
> Edwin
>
> ----- Original Message -----
> *From:* kkairo at gmail.com
> *To:* eonchari at lynxbits.com*
> Cc:* kictanet at lists.kictanet.or.ke
> *Sent:* 2/20/13 4:17 AM
> *Subject:* Re: [kictanet] Off topic: COFEK
>
>  Edwin,
>
> As per Cap 2 s.19
>
>  19. Where any written law, or part of a written law, came or comes into
> operation on a particular day, it shall be deemed to have come or shall
> come into operation immediately on the expiration of the day next preceding
> such day.
>
> In my opinion this means that the law is in effect from the date the
> president/minister gazettes it will commence.
>
> However your question is about the act becoming operational and in my view
> this is within the discretion of the executive as we have seen with the
> delay in gazetting the national lands commission.
>
>
>
> Regards,
> Harry Karanja
>
> Sent from my iPad
>
> On Feb 20, 2013, at 11:45 AM, eonchari at lynxbits.com wrote:
>
>  Harry,
>
> Thank you for sharing this.
>
> I have a nagging question-  is it a requirement (by law) that each act
> must be printed/gazetted (physically) for that act to be operational?
>
> Regards,
> Edwin
>
> ----- Original Message -----
> *From:* kkairo at gmail.com
> *To:* eonchari at lynxbits.com*
> Cc:* kictanet at lists.kictanet.or.ke
> *Sent:* 2/20/13 3:34 AM
> *Subject:* Re: [kictanet] Off topic: COFEK
>
>  Edwin,
>
> Fortunately the National Council for Law Reporting usually publishes acts
> of parliament, subsidiary legislation and the Kenya Gazette on their
> website www.KenyaLaw.org promptly after publication..
>
> Regards,
> Harry Karanja
>
> Sent from my iPad
>
> On Feb 20, 2013, at 10:07 AM, eonchari at lynxbits.com wrote:
>
>  Would it not make more sense to have the printer publish these Gazette
> Notices on their website in PDF version, etc? How many people do actually
> buy these gazettes? What is the ROI on printing such humongous documents?
> How many of them lie gathering dust at their stores? This agency needs to
> clean up its act and catch up with the rest of the world in the 21st
> Century.
>
> Edwin
>
>
>
> ----- Original Message -----
> *From:* ngethe.kariuki2007 at yahoo.co.uk
> *To:* eonchari at lynxbits.com*
> Cc:* kictanet at lists.kictanet.or.ke
> *Sent:* 2/19/13 12:15 PM
> *Subject:* Re: [kictanet] Off topic: COFEK
>
>  Let me also thank Kerubo for the effort.
>  However,it seems bad public policy to sell such 75 page document for
> 420/= ,that is Kshs.5/60 per page.It is therefore cheaper to xerox   than
> to buy. Since all costs of printing by the Govt. printer are paid by the
> public(cost of machines,salaries etc), it would seem that cost recovery(not
> profit) should be the guiding principle.
>
> John Kariuki
>
>    ------------------------------
> *From:* stephen Mutoro **
> *To:* ngethe.kariuki2007 at yahoo.co.uk
> *Cc:* KICTAnet ICT Policy Discussions **
> *Sent:* Tuesday, 19 February 2013, 16:21
> *Subject:* Re: [kictanet] Off topic: COFEK
> ****
>
> Thanks Kerubo:
>
> I greatly appreciate that you have been first to scan and circulate the
> copy.. You have my 21-gun civilian salute! As listers will see on the
> stamp, it was actually received today. They were printed last night. Were
> it not for our action, it could still be unavailable. I am also hoping that
> listers will take time to look at the many areas which deal ICT and even
> consumer (not necessarily Cofek) representation on regulatory bodies.
> Debate should therefore move away from personal tirades against Cofek and
> the character of my person. It should be about issues. My last appeal, lets
> read before we comment. May also circulate it to your colleagues and
> personal networks. Consumer protection is real. It is time Kenyans looked
> at it differently. Some of us are preapred to pay whatever price to
> confront hurdle against enhanced consumer protection. Look around you -
> from your technology gadgets, clothes, food, window-blinds, wrist-watch to
> many other issues - I will be surprised if you are unconsciously less than
> 90% "carrier" of counterfeits and/or sub-standard goods. Lets toss to the
> first ever one-stop consumer legislation in Kenya and third on the
> Continent!
>
> Regards,
>
> Stephen Mutoro
> www.cofek.co.ke
>
>    ------------------------------
> *From:* Kerubo Ombati **
> *To:* smutoro at yahoo.com
> *Cc:* KICTAnet ICT Policy Discussions **
> *Sent:* Tuesday, February 19, 2013 3:25 PM
> *Subject:* Re: [kictanet] Off topic: COFEK
> ****
>
> Dear All,
>
> A copy of the Consumer Protection Act is attached.
>
> Regards,
>
> Kerubo
>
> On Tue, Feb 19, 2013 at 2:46 PM, Odhiambo Washington <odhiambo at gmail.com>wrote:
>
> @James,
>
> You have some beef to pick up with Mutoro, right? Otherwise I don't see
> the sense in your question, given that Mutoro already explained why it was
> important to have this Act printed.
>
>
> On 19 February 2013 14:26, James Mbugua <jgmbugua at gmail.com> wrote:
>
> Now that it has been printed and copies are lying at the printer's office,
> what was the hullabaloo all about? Can we pick meaningful battles not
> activism for activism sake.
>
>
> On Tue, Feb 19, 2013 at 11:03 AM, Odhiambo Washington <odhiambo at gmail.com>wrote:
>
> Hello Stephen,
>
> I request COFEK to scan their copy and share the electronic version with
> us. You see, as middle class, we are used to doing things from the comfort
> of "behind our keyboards".
>
>
>
> On 19 February 2013 13:20, stephen Mutoro <smutoro at yahoo.com> wrote:
>
>  Hi Brian:
>
>  Just an update - that our peaceful demonstration slated for February 21
> against Government Printer Mr Andrew Rukaria has been called off - after
> his office worked overnight to publish the Consumer Protection Act, 2012. A
> copy is available now at the Haile Selassie Avenue Bookshop for Sh420 per
> copy. I am encouraging all of you to take a look - to understand what the
> Kenyan law, and not necessarily Cofek, sees consumer protection.Thanks for
> those of you who had supported our action.
> Kind regards,
>
> Stephen Mutoro
> www...cofek.co.ke <http://www.cofek..co.ke/>
>
>    ------------------------------
> *From:* Brian Munyao Longwe <blongwe at gmail.com>
>
> *To:* smutoro at yahoo.com
> *Cc:* KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
> *Sent:* Thursday, February 14, 2013 2:39 PM
>
> *Subject:* Re: [kictanet] Off topic: COFEK
>
> Opps, forgot to include link to the article I refer to:
>
>
> http://www.cofek.co.ke/index.php?option=com_content&view=article&id=1360%3Awhy-government-printer-must-resign-from-office-&catid=1%3Alatest-news&Itemid=60
>
>
> On Thu, Feb 14, 2013 at 2:17 PM, Brian Munyao Longwe <blongwe at gmail.com>wrote:
>
> I'm sorry but I must bring this up here as there was a recent discussion
> involving COFEK.
>
> Today I saw COFEK on social media calling consumers to join them in a
> protest outside Govt printerr office. I followed the link indicated in
> their post to find out what the fuss was about and found this:
> *
>  The Consumers Federation of Kenya (Cofek) is concerned at the poor
> performance by the office of the Government Printer headed by Mr Andrew
> Rukaria (pictured)...
>  Since assent of the Consumer Protection Act on December 13, 2012 the
> Government Printer's office has been giving endless excuses from backlog to
> lack of films and other materials. Meanwhile the Act remains unpublished
> and it cannot be operationalized as a result.
> Our numerous calls and letters have only yielded in unfulfilled and
> indefinite pledges of printing the same. Mr Rukaria has also taken to
> avoiding our calls.
> From the foregoing, we hereby demand for his voluntary resignation within
> seven days. Failure to do so, Cofek will simultaneously seek for judicial
> intervention.
> Cofek, will after this ultimatum, mobilize consumers to physically eject
> him from his office for his consistently poor and unacceptable performance.
> *
> What I don't understand is:
>
>    1. Since when was it that an Act cannot be operationalized simply
>    because it hasn't been printed by Govt printers?
>    2. Isn't there an electronic version of this Act that can be
>    used/referred to in case of legal issues/action?
>    3. Is there anything stopping COFEK from printing their own copies of
>    the Act? (If they need it so badly)
>
> Please enlighten me?
> Mblayo
>
>
>
>
>
>
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> --
> Best regards,
> Odhiambo WASHINGTON,
> Nairobi,KE
> +254733744121/+254722743223
> _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
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> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
> for people and institutions interested and involved in ICT policy and
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> sector in support of the national aim of ICT enabled growth and development.
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> KICTANetiquette : Adhere to the same standards of acceptable behaviors
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>
>
>
>
> --
> Best regards,
> Odhiambo WASHINGTON,
> Nairobi,KE
> +254733744121/+254722743223
> _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
> I can't hear you -- I'm using the scrambler.
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>
> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
> for people and institutions interested and involved in ICT policy and
> regulation. The network aims to act as a catalyst for reform in the ICT
> sector in support of the national aim of ICT enabled growth and development.
>
> KICTANetiquette : Adhere to the same standards of acceptable behaviors
> online that you follow in real life: respect people's times and bandwidth,
> share knowledge, don't flame or abuse or personalize, respect privacy, do
> not spam, do not market your wares or qualifications.
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> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
> for people and institutions interested and involved in ICT policy and
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> sector in support of the national aim of ICT enabled growth and development.
>
> KICTANetiquette : Adhere to the same standards of acceptable behaviors
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> for people and institutions interested and involved in ICT policy and
> regulation. The network aims to act as a catalyst for reform in the ICT
> sector in support of the national aim of ICT enabled growth and development.
>
> KICTANetiquette : Adhere to the same standards of acceptable behaviors
> online that you follow in real life: respect people's times and bandwidth,
> share knowledge, don't flame or abuse or personalize, respect privacy, do
> not spam, do not market your wares or qualifications.
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> for people and institutions interested and involved in ICT policy and
> regulation. The network aims to act as a catalyst for reform in the ICT
> sector in support of the national aim of ICT enabled growth and development.
>
> KICTANetiquette : Adhere to the same standards of acceptable behaviors
> online that you follow in real life: respect people's times and bandwidth,
> share knowledge, don't flame or abuse or personalize, respect privacy, do
> not spam, do not market your wares or qualifications.
>

-- 
Regards,

Mark Mwangi

markmwangi.me.ke
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